Anila K.B. v. Karthikeyan
Case brief
What is this about?
The High Court set aside the lower court's acquittal of the accused in a cheque dishonour case. The appeal by the complainant was allowed, the accused was convicted, and sentenced to imprisonment and a fine.
What did the court decide?
The appeal was allowed; the accused convicted under Section 138 N.I. Act and sentenced to imprisonment until the rising of the court and a fine of Rs. 13,000.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
TUESDAY, THE 3RD JULY 2007 / 12TH ASHADHA 1929
CRL.A.No. 5 of 2000()
------------------------ST.2245/1996 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM DT. 20.8.1997.
APPELLANT: COMPLAINANT
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ANILA K.B., D/O.BHASKARAN, KUNNAPAMCHERIL VEEDU , TRIPURAKARA, VAIKOM VILLAGE.
BY ADV. SRI.K.N.CHANDRABABU
RESPONDENT: ACCUSED
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Issues for consideration
2 issues framed by the court
Whether the accused is guilty of the offence under section 138 N.I. Act when the cheque was issued as security and the notice claimed interest.
Whether the finding of the court below regarding the defective notice and cheque for security should be set aside.
Parties & counsel
- appellant
Anila K.B.
- respondent
Karthikeyan
Coram
K.R.Udayabhanu
Case details
As recorded by the court registry
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